Title 6 ANIMALS
Chapter 6.08 DOGS
6.08.010 Licensing required.
6.08.020 Dogs running at large.
6.08.030 Animals disturbing the peace.
6.08.040 Vicious or dangerous animals.
6.08.050 Citizens may impound animals.
6.08.060 Impoundment.
6.08.070 Redemption of animal from shelter.
6.08.080 Sale of impounded animals.
6.08.090 Destruction of unclaimed animals.
6.08.100 Quarantine.
6.08.110 Removal of excrement.
6.08.120 Ignorance of the law is no excuse.
6.08.010 Licensing required.
A. License. It is unlawful for any person or persons within
the city to keep, maintain, or have custody or control of any dog without first
having obtained a license to do so from the city finance officer as hereafter
provided and without having paid the license fee for such license.
B. Application. Any person desiring to keep, maintain, or
have custody of any dog, shall before the first day of January in each year make
application to the city finance officer for a license to keep such dog; such
application shall be in writing stating the name, sex, color, and other
distinguishing characteristics of the dog and the name of the owner of such dog,
and that the dog has no vicious propensities so far as known to the applicant,
which application shall be made on a printed blank furnished by the city finance
officer and filed with the city finance officer. In addition, the applicant
shall exhibit to the finance officer a certificate from a registered
veterinarian showing that such dog has been inoculated against rabies and that
such inoculation will be effective during the period for which the dog is
licensed. Any dog licensed under six months of age shall be inoculated upon
reaching the age of six months.
C. Fee -- Tag. The applicant shall at the time of making such
application , pay to the city finance officer a license fee in the sum of three
dollars ($3.00) for each neutered or sterilized male dog or spayed female dog,
and license fee in the sum of seven dollars ($7.00) for each unneutered or
unsterilized male dog or unspayed female dog. It shall be the duty of the city
finance officer at the time of the issuance of the license to furnish and
deliver such applicant a metallic dog tag upon which tag shall be stamped or
engraved the registered number of the dog and the year when registered. It shall
be the duty of the owner of the dog to place a collar around the neck of the dog
on which shall be fastened a metallic dog tag so furnished by the city finance
officer. In case of loss of any tag so issued, the city finance officer is
authorized to issue another tag upon payment of one dollar ($1.00) and upon
proof that such tag has been lost. Any dog owner who fails to purchase a license
for their dog by January 1st or within two weeks of acquiring a dog, shall be
subject to a fine of twenty-five dollars ($25.00).
D. Expiration. All dog licenses shall expire on the 31st day
of December following the granting of such license, and shall be renewed by
payment of the license fee as provided for in this section prior to the
expiration date.
E. Exceptions. The licensing provisions of this chapter shall
not apply to dogs where the owners are nonresidents temporarily within the city,
nor to “seeing-eye dogs” properly trained to assist blind persons
when such dogs are actually kept for use by blind persons for the purpose of
aiding them in going from place to place, nor to dogs three months of age or
less. (Ord. 363 § 1 (part), 1993: Ord. 350 § 1 (part), 1991; prior
code § 9-3-1)
6.08.020 Dogs running at large.
Any person who owns or has under his or her care a dog or
animal of the dog kind shall not allow such dog to run at large in the city, and
such dog while present within the city shall either be in the control of a
person, or properly secured to a leash which has been tied to an immovable
object, or confined within an enclosure sufficient to keep such dog restrained
from escaping such enclosure. Any dog not confined by a leash or enclosure as
set forth in this section is declared to be running at large and is declared to
be a public nuisance for the purpose of this chapter and will be considered a
Class II misdemeanor subject to a fine of up to two hundred dollars ($200.00)
and/or thirty (30) days in jail. (Ord. 401 § 1 (part), 1996; Ord. 363
§ 1 (part), 1993; Ord. 350 § 1 (part), 1991; prior code §
9-3-2)
6.08.030 Animals disturbing the peace.
A. No person owning any dog, confined on the premises or
otherwise, shall suffer or permit such animal to disturb the peace and quiet of
the neighborhood by making loud and/or unusual noises.
B. Upon signed complaint at the city attorney’s office
that any person is keeping or harboring any dog which disturbs the peace as set
forth in this section, it shall be the duty of the city attorney to notify the
owner of such animal in writing of such complaint, and after such owner has been
given forty-eight (48) hours notice of such habit; if the animal so disturbing
the peace continues, the owner of such animal shall be subject to a fine of
twenty-five dollars ($25.00). (Ord. 363 § 1 (part), 1993; Ord. 350 § 1
(part), 1991; prior code § 9-3-3)
6.08.040 Vicious or dangerous animals.
A. It is the policy of the city to provide a safe environment
for its citizens. Therefore, it is unlawful for any person to harbor within the
city the following:
1. Any wild animal, defined as any animal or hybrid animal
whose peers exist predominantly in a wild or nonresidential confined state;
and
2. Any domesticated animal with vicious dispositions or
dangerous habits, including vicious dogs. For purposes of this chapter vicious
dogs are defined as any dog which, when unprovoked, in a vicious or terrorizing
manner approaches in apparent attitude of attack, or bites, inflicts injury,
assaults or otherwise attacks a human being upon the streets, sidewalks or any
public grounds or places within the city, or any dog which, on private property
when unprovoked, in a vicious or terrifying manner approaches an apparent
attitude of attack, or bites, or inflicts injury, or otherwise attacks a
mailman, meter reader, service man, journey man, delivery man, or other employed
person who is on private property by reason of permission of the owner or
occupant of such property or who is on private property by reason of course of
dealing with the owner of such private property.
B. The penalty for violation of this section shall be a fine
of up to two hundred dollars ($200.00) and/or thirty (30) days in jail. Further,
the possession or keeping of any animal prohibited by this section is also
declared to be a public nuisance and may be abated by notifying in writing the
owner of or possessor of such dog to confine such dog, and if thereafter such
owner or possessor fails to comply with such notice, the police are authorized,
empowered and directed to kill or cause to be killed such dog, whether found
running at large or upon the premises of the owner of such dog immediately, and
without impounding such animal. (Ord. 401 § 1 (part), 1996; Ord. 363 §
1 (part), 1993; Ord. 350 § 1 (part), 1991; prior code §
9-3-4)
6.08.050 Citizens may impound animals.
It shall be the duty of the animal control person to receive
from any citizen and convey to the animal control shelter any animal found
running at large by such citizen contrary to the provisions of this chapter, and
in such case, the provisions of this chapter shall apply the same as if such
animal had been found and impounded. (Ord. 363 § 1 (part), 1993; Ord. 350
§ 1 (part), 1991; prior code § 9-3-5)
6.08.060 Impoundment.
The city is authorized to employ, whenever it is deemed
necessary, a sufficient number of persons to capture and convey to the animal
control shelter, and care for, kill and dispose of in the manner provided for in
this chapter, all dogs found running at large contrary to the provisions of this
chapter. All dogs, captured and conveyed to the animal control shelter as
established by the city, shall be kept with humane treatment and supplied with
sufficient food and water for a period of at least forty-eight (48) hours unless
sooner reclaimed by the owner or keeper of such animal as provided in this
chapter. (Ord. 363 § 1 (part), 1993; Ord. 350 § 1 (part), 1991; prior
code § 9-3-6)
6.08.070 Redemption of animal from shelter.
When the owner or claimant of any unlicensed dog impounded
shall desire to redeem any dog at the animal control shelter, such dog may be
released upon proof of current rabies vaccination, payment of licensing fee (as
set forth in Section 6.08.010(C)) plus the cost of keeping such dog at the rate
of five dollars ($5.00) per day. The person in charge of the animal control
shelter shall thereupon release such animal to the owner or claimant. All fees
collected are to be remitted to the city finance officer for deposit in the
general fund as soon as reasonably possible after the collection of such fees.
(Ord. 363 § 1 (part), 1993; Ord. 350 § 1 (part), 1991: prior code
§ 9-3-7)
6.08.080 Sale of impounded animals.
It shall be the duty of the person in charge of the animal
control shelter before destroying any dog under the provisions of this chapter,
to sell such dog at a private sale to any person who is willing to pay a
sufficient sum to reimburse the city for all expenses of keeping such animal and
the fees provided in this chapter. (Ord. 363 § 1 (part), 1993; Ord. 350
§ 1 (part), 1991: prior code § 9-3-8)
6.08.090 Destruction of unclaimed animals.
At the expiration of the forty-eight (48) hours from the date
of impounding a dog, if the owner or claimant of such dog shall fail or refuse
to comply with the provisions of this chapter for the release of the same and
after the provisions of Section 6.08.080 fail, it shall be the duty of the
person in charge of the animal control shelter to destroy such dog, and cause it
to be removed and properly buried; provided that the owner of licensed dogs
shall have twenty-four (24) hours notice in writing after the expiration of such
forty-eight (48) hours, before the dog shall be destroyed. (Ord. 363 § 1
(part), 1993; Ord. 350 § 1 (part), 1991: prior code § 9-3-9)
6.08.100 Quarantine.
The owner of any animal which has contracted rabies, or which
has been subjected to the same, or which is suspected of having rabies, or which
shall have bitten any person, shall, upon the demand of the police department or
the health department, produce and surrender the animal to the department to be
held in quarantine for observation for a period of not less than ten (10) days.
If examination of any animal shall prove it to be infected with any rabies, such
animal shall be disposed of as directed by an officer of such department or
licensed veterinarian. The owner of any animal so quarantined shall pay all
costs and expenses incurred by the city during the quarantine period for
maintenance and examination of such animal including veterinarian expenses.
(Ord. 363 § 1 (part), 1993; Ord. 350 § 1 (part), 1991: prior code
§ 9-3-10)
6.08.110 Removal of excrement.
It is unlawful for any person who possesses, harbors, or is
in charge of any dog, not to immediately remove excrement deposited by such dog,
upon a common thoroughfare, street, sidewalk, play area, park, or upon any other
public property, or upon any private property when permission of the owner or
tenant of such property has not been obtained, and such is declared to be a
public nuisance and prohibited. (Ord. 363 § 1 (part), 1993; Ord. 350 §
1 (part), 1991: prior code § 9-3-11)
6.08.120 Ignorance of the law is no excuse.
In any proceeding for violation of the provisions of this
chapter relating to dogs, the use of the words “permit or suffer”
shall not be construed as making ignorance a defense, and the knowledge or lack
of knowledge of the person or persons committing the act of violating this
chapter is immaterial. (Ord. 363 § 1 (part), 1993; Ord. 350 § 1
(part), 1991: prior code § 9-3-12)